The state chronicle. [volume] (Raleigh, N.C.) 1883-1893, 1887-04-14

ot1ense may be committed, ana II sucn
common carrier be a foreign corporation.
in the judicial district wherein such com-
mon carrier accepts traffic and has an
agent to perform such service, to compel
compliance with the aforesaid provisions
of this section; and such writ shall issue
in the name of the people of the United
States, at the relation of the commits
sioners appointed under the provisions of
this act; and failure to comply with its
requirements shall be punishable as and
for a contempt; and the said commission
erS cOmplainantS, may also apply, in
any such circuit court of the United
States, for writ of injunction against
such common carrier, to restrain such
common carrier from receiving or trans
porting property among the several states
and territories of the United States, or be-
tween the United States and adjacent for
eign countries, or between ports of trans
shipment and of entry in the several
states and territories of the United States,
as mentioned in the first section of this
act, until such common carrier shall have
complied with the aforesaid provisions of
this section Of this act.
Combinations to Prevent Continuous Car
riage Prohibited.
Sec. Z. That it shall be unlawful for
any common carrier subject to the pro-
visions of this act to enter into any COM
blnation, contract, or agreement, eX-
IItSScu VI 1IuplltC, W prevent, Dy CnanSc
OF time schedule, carriage in different
cars, or by any other means or Devices
the carriage of freights from being con
tinuou> from the place of shipment to the
place OF destination; and no break of bulk,
stoppagV. or interruption made by such
common carrier shall prevent the carriage
of freigL'5 from being and being treated
as one continuous carriage from the place
of shipment to the place of destination,
unless such break, stOppage, or Interrupt
ton was made in good faith for some
necessary purpose, and without any in
tent to avoid or unnecessarily interrupt
such continuous carriage or to evade any
of the provisions of this act.
Liability for Damages.
Sec. 8. That in case any common car
rier subject to the provisions of this act
shall do, cause to he Gone. or permit to be
done any act, matter, or thing in this act
prohibited or decl@ro'1 be unlawful, or
shall omit to do r. {, matter, or thing
in this act required to be done, such COM
mon carrier shall be liable to the person or
persons injured thereby for the full
amount of damages sustained in conse-
quence of any such violation of the pro-
visions of this act, together with a reason
able counsel or attorneys fee. to be fixed
by the court in every case of recovery,
which attorneys fee shall be taxed and
collected rs part of the costs in the case.
In Court-Testimony Compulsory.
Sec. 9. That any person or persons
claiming to be damaged by any common
carrier subject to the provisions of this
act may either make complaint to the
commission, as hereinafter provided for,
may bring suit in his or their own be-
half for the recovery of the damages for
which such common carrier may be liable
under the provisions of this act in any dis
trict or circuit court of the United States
of competent jurisdiction; but such person
or persons shall not have the right to pu''
sue both of such remedies, and must
each case elect which one Of The
methods of procedure herein provided
he or they will adopt In any such act
brought for the recovery of damage
the court before which the same shall be
pending may compel any director, officer,
receiver, trustee or agent Of the corpora
ton or company defendant in such suit to
attend, appear and testify in such case,
and may compel the production of the
books and papers of such corporation or
company party to suit; the claim that any
such testimony or evidence may tend to
criminate the person giving such evidence
shall not excuse such witness from testi-
flying, but such evidence or testimony
shall not he used against such person on
the trial of any criminal proceeding.
Penalty for Violation of This Act.
ject to the provisions of this act, or, when
ever such common carrier is corporation,
any director or officer thereof, or any
ceiver, trustee, lessee, agent, or person
acting for or employed by such corpora
ton, who, alone or with any other corpora
ton, company, person or party, shall
willfully do or cause to be done, or shall
willingly suffer or permit to be done, any
act, matter or thing in this act prohibited
or declared to be unlawful, or who shall
aid or abet therein, or shall willfully omit
or fail to do any act, matter or thing in
this act required to be done, or shall cause
or willingly suffer permit any act, mat
ter or tlIinc; so directed or required by this
act to dome not to be 80 done, CIR shall
aid o any such omission or failure,
or sh ruilty of any infraction of this
act, Oh II aid or abet therein, shall be
deemed guilty of misdemeanor and
shall, upon conviction thereof in any dis
trict court of the United States within the
jurisdiction of which such offense was
committed. be subject to a fine of not TO
exceed five thousand dollars for each
offense.
Interstate Commerce Com ission-How
Constituted.
Sec. II. That a commission is hereby
created and established to be known as
the Interstate Commerce commission,
which shall be composed of five commits
sioners, who shall be appointed by the
president. by and with the advice and
consent of the senate. The commissioners
first appointed under this act shall con-
tinue in office for the term of two, three,
four five and six years, respectively, from
the first day of January, ammo domini
eighteen hundred and eighty seven, the
term Of each to be designated by the
president; but their successors shall be
appointed for terms of six years, except
that any persons chosen to fill a vacancy
shall be appointed only for the unexpired
term of the commissioner whom he shall
succeed Any commissioner may be re-
moved by the president for inefficiency,
neglect of duty, or malfeasance in Office.
Not more than three of the commissioners
| shall be appointed from the same political
party. No person in the employ of or
holding any official relation to any COM
mon carrier subject to the provisions of
this act, owning stock or bonds there
of, OF who is in any manner pecuniarily
| interested therein, shall enter upon the
| duties of or hold such office. Said COM
missioners shall not engage in any other
| business, vocation or employment. Nc
| vacancy in the commission shall impair
| the right of the remaining commissioners
| to exercise all the powers of the COM
| mission.
| Powers of the Com ission.
| Sec 12 That the commission hereby
created shall have authority to inquire
| into the management of the business OF
| all common carriers subject to the pro-
| visions of this act, and shall keep itself
| informed as to the manner and method in
| which the same is conducted, and shall
have the right to obtain from such COM